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Divisibility of Psychiatric Injury - Charley Turton, 12 King's Bench Walk

22/02/18. The vexed question of the divisibility of psychiatric injury has recently been revisited by the Court of Appeal in BAE Systems (Operations) Ltd v M Konczak [2017] EWCA Civ 1188, an employment case of wide importance and application.

The employee made allegations of sexual harassment. She was moved to a new role, on a different site. She became unhappy. Her line manager suggested that she move back, a proposal rejected by the employee as it would mean returning to the team she had left. The manager made a sexist comment. Thereafter the employee was diagnosed with work-related stress. She was dismissed. The tribunal found the dismissal to be unfair. The employee had a history of stress and problems at work pre-dating the line manager’s comment. The initial decision on liability found that the sexist comment amounted to sex discrimination, but dismissed the other conduct complained of under this heading.

At a remedies hearing the judge, in considering whether the Claimant’s damages should be apportioned, highlighted...

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